HB 29-20: Fair Play in Gaming Act (Passed)

[Dr. MB]

A Bill

Ensuring fairness regarding payment of winnings at gaming facilities

Be it enacted by the Senate and House of Representatives of the Republic of Atlasia in Congress assembled,


SECTION 1 - TITLE

This bill may be cited as the "Fair Play in Gaming Act of 2021".  


SECTION II - DEFINITIONS  

1. The term "gaming machine" is hereby defined as any device which, as installed at a non-Native American operated casino, purports to pay out any jackpot or sum of money.  

2. The term "malfunction" is defined as a failure of a gaming machine's operating system which renders the game unplayable.  

3. The term "violation" is defined as the refusal of a non-Native American operated casino to pay out any sum that is legitimately won (subject to the terms of this bill).  


SECTION III - FINDINGS

1. Congress finds as follows:

  A. There have been numerous instances of casinos that have refused to award advertised jackpots to winners of such.

  B. In the majority of these cases, such refusals are based upon claims of gaming machines having "malfunctioned".  In this regard, casinos claim that devices mistakenly and erroneously show the winning of a prize.  

  C. Mechanical breakdowns of slot-based gaming machines are extremely rare in occurrence.  

  D. In the event of a legitimate win, casinos should pay amounts that they advertise as potentially being paid.  


SECTION IV - GENERAL PROVISIONS

1. In order to ensure the good working order of gaming machines, inspections of such shall take place every six months.  The gaming commissions of individual states shall be charged with the operation and oversight of these inspections.  

2. In cases of legitimate jackpot wins, casinos shall pay at least the amount advertised as the "maximum jackpot", excepting cases where a malfunction or player fraud is conclusively proven.  

3. Any casino subsequently required to pay a jackpot shall begin payments of funds no later than one hundred twenty (120) days after a claim of victory.  

4. Nothing in this bill shall be construed as requiring jackpot payouts from Native American-operated casinos.  


SECTION V - PENALTIES

1. A casino found to be in violation of Section IV sub-section 2 shall have its gaming license suspended for no less than ninety (90) days.  

2. Thereafter, for every thirty (30) days that a casino continues to be in violation of Section IV sub-section 2, no less than thirty (30) days shall be added to the suspension of such a casino's gaming license.  

3. If a casino continues to be in violation of Section IV sub-section 2 for a period exceeding one (1) year, the associated state gaming commission may choose to permanently suspend the casino's gaming license.  


SECTION VI - IMPLEMENTATION

1. This legislation shall take effect immediately after passage.  

Sponsor: Fairbol (Civilian)

Sponsor, please advocate for your bill. Then there will be 72 hours for debate.

[Dr. MB]

Since Fairbol seems MIA I can sponsor this.

[Dr. MB]

With no objection I'm recognized as sponsor.

I'm not the author of this bill but this seems like a fairly common-sense measure. Casinos taking advantage of their customers is a bad thing, I think we can all agree, and this bill would help to curb that. People go to the casinos to gamble fairly. They should be entitled to fair compensation should they win and no lame excuses.

[FairBol]

Sorry, just now realized this was up for debate.  Will type up something now. 

[FairBol]

<magically appears on Floor, dressed in dapper suit and tie>

Representatives,

Thank you for allowing me to testify on behalf of my bill. 

Imagine for a second that you've gone to Las Vegas or Atlantic City.  Your purpose there is an obvious one; you seek to be entertained, and perhaps walk away with more money than you came with. 

Now, imagine that one particular night, you're playing one of the casino's big slot machines.  Lady Luck smiles on you, as lo and behold, you hit the jackpot.  You're ecstatic at your good fortune, thinking you've just struck it rich. 

That's when it happens.  "Hold on a second", one of the overseeing supervisors says.  After a few minutes of talking things over with staff, he says, "well....you didn't actually win.  The machine malfunctioned, so we can't pay you.  Please accept our apology...and a steak dinner instead". 

Incredulous, you argue with the supervisor, saying there's no evidence of a malfunction.  Dismissive, he says "a malfunction voids all plays and pays.  Sorry...that's the way it goes".  So rather than walking out of the casino flush with cash, you get...ABSOLUTELY NOTHING. 


Seemingly, this scenario could never happen, right?  Yet over the past few years, there have been many instances of exactly this type of occurrence. 

The casino industry defends themselves by saying that when machines malfunction, they are not required to pay out.  Nevertheless, to quote Heather Songer of the Washington State Gambling Commission,

"Nationwide, it's extremely rare to see a major machine malfunction"

.

Regarding this, one can reach only one logical conclusion; that the casinos are either unable or unwilling to deliver on the promises they make.  I submit that they should be held to the same standards as any other business.  Customers shouldn't have to wonder if they will be treated fairly, and if the casino will be true to its word.  With that in mind, I have introduced this bill. 

If you will indulge me for a moment, I wish to detail Section IV of this legislation, dealing with General Provisions. 

You will notice that Clause 1 of this section mandates that gaming machines be inspected every six months, according to the gaming commissions of the individual states.  The purpose of these inspections would be to ascertain whether a machine has been, or reasonably could be, operating in such a manner as to make regular play impossible.  This, of course, speaks to the "malfunction" defense of the various casinos.  If a machine is found to be incapable of malfunctioning in such a manner, it is my opinion that the employed defense must fail. 

Now, I can't do anything about Native American casinos, as they are operated by sovereign Native American nations, and (arguably) not subject to federal law.  What can and should be done concerns non-Native American facilities. 

As with any other industry, those walking in the doors of a gaming facility have the right to expect fair and equitable treatment.  That's what the passage of this bill would accomplish.  It would put casinos on notice; if you rip people off, there will be consequences, as of right there should be. 

I yield the Floor for questions and debate. 

[lfromnj]

Some of these malfunctions literally have a jackpot above the jackpot advertised, makes little sense in this scenario where the customer didn't even expect this payout.

[FairBol]

Are we getting ready to vote on this? Bump. 

[Dr. MB]

Unless anyone has anything further to say I motion for a final vote.

[Dr. MB]

A final vote has started. 72 hours

[Dr. MB]

Aye

[P. Clodius Pulcher did nothing wrong]

Abstain

[Continential]

Aye

[lfromnj]

Nay.

[Saint Milei]

Aye

[Talleyrand]

Aye

[Harvey Updyke Jr🌹]

Abstain

[Continential]

Aye.

[Sirius_]

Aye

[Dr. MB]

This bill passes.

Aye (5): MB, Ishan, Deadprez, Talleyrand, Ninja (late)
Nay (1): Lfromnj
Abstain (2): Harvey, Razze
No vote (1): Cao

[Dr. MB]

A Bill

Ensuring fairness regarding payment of winnings at gaming facilities

Be it enacted by the Senate and House of Representatives of the Republic of Atlasia in Congress assembled,


SECTION 1 - TITLE

This bill may be cited as the "Fair Play in Gaming Act of 2021".  


SECTION II - DEFINITIONS  

1. The term "gaming machine" is hereby defined as any device which, as installed at a non-Native American operated casino, purports to pay out any jackpot or sum of money.  

2. The term "malfunction" is defined as a failure of a gaming machine's operating system which renders the game unplayable.  

3. The term "violation" is defined as the refusal of a non-Native American operated casino to pay out any sum that is legitimately won (subject to the terms of this bill).  


SECTION III - FINDINGS

1. Congress finds as follows:

  A. There have been numerous instances of casinos that have refused to award advertised jackpots to winners of such.

  B. In the majority of these cases, such refusals are based upon claims of gaming machines having "malfunctioned".  In this regard, casinos claim that devices mistakenly and erroneously show the winning of a prize.  

  C. Mechanical breakdowns of slot-based gaming machines are extremely rare in occurrence.  

  D. In the event of a legitimate win, casinos should pay amounts that they advertise as potentially being paid.  


SECTION IV - GENERAL PROVISIONS

1. In order to ensure the good working order of gaming machines, inspections of such shall take place every six months.  The gaming commissions of individual states shall be charged with the operation and oversight of these inspections.  

2. In cases of legitimate jackpot wins, casinos shall pay at least the amount advertised as the "maximum jackpot", excepting cases where a malfunction or player fraud is conclusively proven.  

3. Any casino subsequently required to pay a jackpot shall begin payments of funds no later than one hundred twenty (120) days after a claim of victory.  

4. Nothing in this bill shall be construed as requiring jackpot payouts from Native American-operated casinos.  


SECTION V - PENALTIES

1. A casino found to be in violation of Section IV sub-section 2 shall have its gaming license suspended for no less than ninety (90) days.  

2. Thereafter, for every thirty (30) days that a casino continues to be in violation of Section IV sub-section 2, no less than thirty (30) days shall be added to the suspension of such a casino's gaming license.  

3. If a casino continues to be in violation of Section IV sub-section 2 for a period exceeding one (1) year, the associated state gaming commission may choose to permanently suspend the casino's gaming license.  


SECTION VI - IMPLEMENTATION

1. This legislation shall take effect immediately after passage.  

Passed 5-1-2-1 in the Atlasian House assembled